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1983-03-22 120 TOWN BOARD MEETING MARCH 22 , 1983 MEMBERS PRESENT : MRS . FRANCES WALTER-SUPERVISOR MR. DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN MR. WILSON MATHIAS-TOWN COUNSEL PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL I� PRESS : G. F. POST STAR GUESTS: MR. TUCKER, RESIDENT OF VE-ERANS RZAD ,MR. TURNBULL TOWN OFFICIALS : MR. NAYLOR , MR. MISSITA , MR. DEAN MEETING OPENED 7 : 35 P. M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES SOLUTION NO . 59, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED , THAT THE TOWN . BEDARD MINUTES OF MARCH 8TH AND 15TH OF 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES : NONE i ABSENT : NONE ABSTAIN : MRS, MONAHAN ABSTAINED ON THE MINUTES OF MARCH 15TH 1983 RESOLUTION TO APPROVE BINGO LICENSE O NO 60 INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT BINGO LICENSE NO. 17029 BE AND HEREBY IS APPROVED ALLOWING QUEENSBURY VETERANS OF FOREIGN WARS POST 6196 TO HOLD BINGO OCCASIONS FROM APRIL 5 , 1983 THROUGH JUNE 21 , 1983. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL. MRS . MONAHAN , MRS . IMALTER NOES : NONE ABSENT : NONE RESOLUTION AUTHORIZING THE WARREN COUNTY PLANNING DEPARTMENT TO PROVIDE TECHNICAL ASSISTANCE TO LOCAL MUNICIPALITIES FOR COMMUNITY AND LAND USE PLANNING PROGRAMS R-FSQIllllQN LIU , ", INTRODUCED BY MRS . BETTY MONAHAN , WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS , THE WARREN COUNTY PLANNING DEPARTMENT PROVIDES PROFESSIONAL STAFF ASSISTANCE TO LOCAL MUNICIPALITIES FOR 'COMMUNITY AND LAND USE PLANNING PROGRAMS , AND WHEREAS , THE DEPARTMENT PREPARES NATUAL RESOURCE INVENTORIES , HOUSING AND POPULATION STUDIES , ECONOMIC ANALYSES AND OTHER RELEVANT PLANNING REPORTS , WHICH FORM THE BASIS FOR THE IDENTIFICATION OF COMMUNITY PROBLEMS AND ISSUES , AND, WHEREAS , THE DEPARTMENT ADVISES THE TOWN BOARDS AND LOCAL PLANNING BOARDS IN EFFECTUATING THE GOALS OF THE LAND USE PLAN THROUGH PROPER ENFORCEMENT OF THE ZONING ORDINANCE AND TECHNICAL ASSISTANCE IN THE ADOPTION OF i 121 ORDINANCE AMENDMENTS , AND WHEREAS , THE DEPARTMENT RECEIVES FUNDS FOR THE PROVISION OF PLANNING ASSISTANCE , TO TOWNS AND VILLAGES WITHIN WARREN COUNTY , AS APPROPRIATED BY CHAPTER 53 , SECTION ONE OF 1982 OF THE LAWS OF THE STATE OF NEW YORK , PURSUANT TO ARTICLE 27 OF THE EXCUTIVE LAW , NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF QUEENSBURY HEREBY DESIGNATES THE WARREN COUNTY PLANNING DEPARTMENT AS THE COMMUNITY 'S PLANNING CONSULTANT FOR THE PURPOSE OF PROVIDING PROFESSIONAL PLANNING SERVICES FOR THE DEVELOPMENT OF A LOCAL LAND USE PROGRAM WHICH INCLUDES PERFORMING CERTAIN SPECIFIC TASKS , AS REQUESTED BY THE COMMUNITY , AND AGREED TO BY THE PLANNING DEPARTMENT , AND BE IT FURTHER, RESOLVED, THAT FRANCES J . WALTER, SUPERVISOR OF THE TOWN OF QUEENSBURY , BE AND IS HEREBY AUTHORIZED AND EMPOWERED TO EXECUTE IN THE NAME OF THE TOWN OF QUEENSBURY , THIS AGREEMENTS WITH THE WARREN COUNTY PLANNING DEPARTMENT WITH SUCH PROVISIONS AS THE SUPERVISOR OF THE TOWN OF QUEENSBURY MAY DEEM ACGEPTALBE IN ALL NECESSARY APPLICATIONS AND OTHER AGREEMENTS WHICH SHE DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT AND CARRY OUT THE PURPOSES OF THIS RESOLUTION. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT: NONE COUNCILMAN OLSON- WILL THIS CAUSE ANY PROBLEMS IF WE HAVE TO GO TO PROFESSIONAL PLANNERS FOR VARIOUS PROJECTS? SUPERVISOR WALTER- NO RESOLUTION TO APPOINT PLANNING BOARD MEMBER RFS[11 I1TTn1U INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS , A VACANCY CURRENTLY EXISTS ON THE QUEENSBURY PLANNING BOARD DUE TO THE RESIGNATION OF BRYAN HARRISON , NOW , THEREFORE BE IT RESOLVED, THAT THE QUEENSBURY TOWN BIOARD HEREBY APPOINTS MR. RONALD NOLL OF 1 BAYBERRY COURT, QUEENSBURY TO FILL THE VACANCY ON THE QUEENSBURY PLANNING BOARD, TERM TO EXPIRE SEPTEMBER 30 , 1984 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. ;MtIRRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO APPOINT-ZONING BOARD OF APPEALS RESOLUTION NO . 63 _ INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS. BETTY MONAHAN : WHEREAS, A VACANCY CURRENTLY EXISTS ON THE QUEENSBURY ZONING ,BIDARD OF APPEALS DUE TO THE RESIGNATION OF R. CASE PRIME , NOW , THEREFORE BE IT I RESOLVED , THAT THE QUEENSBURY TOWN BOARD HEREBY APPOINTS MR. JAMES MILLS OF BONNER DRIVE , QUEENSBURY TO FILL THE VACANCY ON THE QUEENSBURY ZONING BOARD OF APPEALS , TERM TO EXPIRE 9- 14-86 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE i ABSENT : NONE 122 DISCUSSION HELD ON TRANSIENT MERCHANT LOCAL LAW RESOLUTION SETTING PUBLIC HEARING �5Q! LT _QN 64 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE '�O° . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- WE WILL BE RES;INDING TWO OTHER ORDINANCES ON j THE BOOKS AND GOING WITH THIS ONE WHICH IS MORE UP TO DATE. . . ON TRANSIENT MERCHANTS RESOLUTION TO RECONVEY PROPERTY RFS lUIIUy UQ _ U.a INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN : WHEREAS , CHARLES H . MAINE AND VERERLY F. MAINE , OWNERS AND DEVELOPERS 0 'BUTTERNUT HILL SUBDIVISION IN THE TOWN OF QUEENSBURY , NEW YORK , CONVEYED THE STREETS THEREIN , NAMELY , BUTTERNUT HILL DRIVE AND COBBLESTONE DRIVE TO THE TOWN OF (QUEENSBURY BY DEED DATED OCTOBER 25 , 1973 AND RECORDED IN THE WARREN COUNTY CLERK 'S OFFICE ON JULY 29 , 1974 IN BOOK 582 OF DEEDS AT PAGE 1015 , AS SHOWN ON THE SUBDIVISION MAP FILED IN THE WARREN COUNTY CLERK 'S OFFICE ON APRIL 9 , 1973 , AND WHEREAS , A SMALL PARCEL OF 0 . 059 ACRES OF LAND AT THE SOUTHWESTERLY TERMINUS OF SAID STREETS AS SHOWN ON THE ATTACHED SURVEY MAP MADE BY VAN DUSEN AND STEVES AND DATED MARCH 14 , 1973 WAS INCLUDED IN THE CONVEYANCE OF THE STREETS TO THE TOWN BUT HAVE NEVER BEEN IMPROVED OR USED FOR STREET PURPOSES , AND WHEREAS , THE SUPERINTENDENT OF HIGHWAYS HAS ADVISED THE BOARD THAT THIS PARCEL OF LAND IS NOT NECESSARY FOR STREET OR TOWN PURPOSES AND CAN NOT IN THE FUTURE BE USED FOR STREET OR TOWN PURPOSES AND THAT IT WOULD BE IN THE BEST INTEREST OF THE TOWN TO RECONVEY THE PARCEL TO CHARLES AND BEVERLY MAINE , AND WHEREAS, CHARLES AND BEVERLY MAINE ARE THE OWNERS OF THE ADJACENT AND SURROUNDING LAND OF SAID PARCEL AND ARE WILLING TO RETAKE TITLE THERETO , NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN OF QUEENSBURY RECONVEY TO CHARLES AND BEVERLY MAINE THE 0 . 059 ACRE PARCEL AS SHOWN ON THE ATTACHED SURVEY MAP MADE BY VANDUSEN AND STEVES DATED MARCH 14 , 1983 AND THAT SUPERVISOR FRANCES WALTER BE AND SHE HEREBY IS AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER A DEED OF SAID PARCEL TO CHARLES AND BEVERLY MAINE IN BEHALF OF THE TOWN OF QUEENSBURY AND THAT THE TOWN HIGHWAY MAP AND THE BUTTERNUT HILL SUB- DIVISION MAP BE AMENDED ACCORDINGLY. DULY ADOPTED BY THE FOLLOWING VOTES : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , i MRS. WALTER NOES : NONE ABSENT : NONE LTR. PAUL (`TAYLOR-RECOMMENDING THAT THE PROPERTY BE RECONVEYED. .ON FILE . . . MR. CHARLES MAINE- SPOKE TO THE TOWN -BOARD REGARDING THE PROPERTY TO BE RECONVEYED TO HIM. . . ( MAP OF THE AREA WAS USED) RESOLUTION OF WELCOME RESOLUTION NO . 66 , INTRODUCED AND SECONDED BY THE ENTIRE TbWN BOARD T i 123 WHEREAS , THE UNITED STATES OF AMERICA TRADITIONALLY HAS BEEN A NATION EMBRACING THE FRIENDSHIP OF PEOPLE OF OTHER NATIONS OF THE WORLD, AND WHEREAS,' THE PEOPLE OF OUR COUNTRY WISH TO SHARE THE QUALITY OF THEIR LIVES WITH OTHER PEOPLE, AND WHEREAS, THE PEOPLE OF THE TOWN OF QUEENSBURY ARE A PART OF THIS ESSENCE OF AMERICAN TRADITION , NOW, THEREFORE BE IT j RESOLVED, THAT THE TOWN OF QUEENSBURY WELCOMES THE STUDENTS J AND CHAPERONES FROM EVREUX , FRANCE TO THE UNITED STATES OF AMERICA AND EXTEND TO THEM THE GREETINGS OF THE RESIDENTS OF THE TOWN OF QUEENSBURY WHO FURTHER DESIRE THAT THE STUDENTS FROM EVREUX BE ACCORDED EVERY GOOD WISH FOR A MEMORABLE STAY IN THE BEAUTIFUL TOWN OF QUEENSBURY SITUATED AT THE FOOTHILLS OF THE ADIRONDACK MOUNTAINS IN WARREN COUNTY , NEW YORK IN THE UNITED STATES OF AMERICA , AND BE IT FURTHER - RESOLVED , THAT OUR GREETING TODAY WILL BE THE BEGINNING OF A FRIENDSHIP THAT WILL EXTEND THROUGHOUT THE YEARS TO COME. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART MR, MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE RESOLUTION OF APPOINTMENT -RECREATION COMMISSION RFqfliiiTTQ U k , INTRODUCED BY MRS, BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : �-- WHEREAS, A VACANCY CURRENTLY EXISTS ON THE QUEENSBURY RECREATION COMMISSION DUE TO THE RESIGNATION OF 0. MATTHEW YASKO NOW , THEREFORE BE IT RESOLVED, THAT THE QUEENSBURY TOWN ;BIOARD HEREBY APPOINTS IMR. THOMAS MARTIN OF GLENWOOD AVENUE , QUEENSBURY TO FILL THE VACANCY ON THE QUEENSBURY RECREATION COMMISSION , TERM TO EXPIRE 2-27-85 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS , WALTER NOES : NONE ABSENT : NONE A RESOLUTION AUTHORIZING THE ISSUANCE OF A $45 ,545 . 60 BOND ANTICIPATION RENEWAL NOTE OF THE TOWN OF QUEENSBURY, COUNTY OF WARREN , STATE OF NEW YORK TO RENEW IN PART A $56 ,932 , 00 BOND ANTICIPATION NOTE OF SAID TOWN TO PAY PART OF THE COST OF THE PURCHASE OF A LOADER FOR SAID TOWN RESOLUTION NO. 68 . INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY ON MARCH 23 , 1982 ADOPTED A BOND ANTICIPATION NOTE RESOLUTION IN THE AMOUNT OF $56 ,932. 00 ;AND WHEREAS, SUCH BOND ANTICIPATION NOTE SUBSEQUENTLY WAS SOLD BY THE SUPERVI- SOR OF THE TOWN OF QUEENSBURY TO THE FIRST NATIONAL BANK OF GLENS FALLS , GLENS FALLS, NEW .YORK ;AND WHEREAS, SAID BOND ANTICIPATION NOTE IS DUE AND PAYABLE AS OF MARCH 22 , 1983 ; NOW, THEREFORE BE IT RESOLVED, THAT THE SUPERVISOR OF THE .TbWN OF QUEENSBURY -BE -AND SHE HEREBY IS AUTHORIZED TO i I 124 ( A) PAY TOWARD SAID BOND ANTICIPATION NOTE THE SUM OF $11 , 386 . 40 ;AND ( B ) RENEW PARTIALLY SAID BOND ANTICIPATION NOTE WITH A BALANCE OF $45 , 545 . 60 WITH THE FIRST NATIONAL BANK OF GLENS FALLS , GLENS FALLS , NEW YORK FOR A PERIOD RUNNING FROM MARCH 23 , 1983 TO MARCH 23 , 1984 WITH INTEREST AT THE RATE OF FIVE AND ONE-QUARTER PERCENT ( 5"1/4% ) PER ANNUM. ( A COPY OF THE RENEWAL BOND ANTICIPATION NOTE IS ATTACHED HERETO) . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- THANKED ALL THOSE WHO SHOWED AN INTEREST TO SERVE ON THE VARIOUS BOARDS WHICH HAD VACANCIES , VERY TOUGH DECISION FOR THE BOARD TO MAKE. . . THE TOWN BOARD INTERVIEWED OVER A DOZEN PEOPLE WHO HAD VERY GOOD QUALIFICATIONS , THEY CAME FROM EACH SECTION OF THE TOWN. . . IT IS A TRIBUTE TO THE RESIDENTS OF THE TOWN OF QUEENSBURY THAT THEY ARE INTERESTED IN SERVING THEIR COMMUNITY. . . THANKED THE BOARD FOR COMING OUT AND MEETING WITH THE PEOPLE AND INTERVIEWING THEM. . . COUNCILMAN MONAHAN- I THINK IT IS ALSO A TRIBUTE TO THE DEDICATED WORK ,TO THE PEOPLE ON THESE BOARDS AND THE WORK THAT THEY ARE DOING THAT SO MANY PEOPLE OFFERED TO SERVE WITH THEM. COUNCILMAN OLSON- REQUESTED THAT THE TOWN BOARD INTRODUCE A RESOLUTION OF SORROW TO-THE FAMILY OF DONALD SULLIVAN RESOLUTION OF SORROW RESOLUTION NO. 69; INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD 1 WHEREAS, MR. DONALD SULLIVAN HAS SERVED AS AN ELECTION MACHINE CUSTODIAN FOR THE TOWN OF QUEENSBURY FOR NUMEROUS YEARS AND WHEREAS, MR. DONALD SULLIVAN DEVOTED HIS TIME AND EFFORTS WITH E?tTHUSIASM AND DEDICATION NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN EOARD OF THE TOWN OF QUEENSBURY AND THE PEOPLE OF QUEENSBURY WERE SADDENED TO LEARN OF THE UNTIMELY PASSING OF MR. DONALD SULLIVAN AND BE IT FURTHER RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY , ON BEHALF OF THE PEOPLE OF THE TOWN DOES HEREBY EXPRESS THEIR DEEP SORROW ON THE DEATH OF THIIR FRIEND AND CO-WORKER MR. DONALD SULLIVAN AND DOES EXPRESS TO HIS WIFE AND FAMILY THEIR HEARTFELT SYMPATHY AT THIS DIFFICULT TIME . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MR. WALTER NOES : NONE ABSENT : NONE COUNCILMAN MORRELL-THERE HAS BEEN A LOT OF CONCERN IN THE AREAOPARTICULARLY OF PARENTS OF TEENAGE CHILDREN AND PRE-TEENAGE CHILDREN AND IN MANY CASES POST TEENAGE CHILDREN OF THE DRUG PROBLEM. THE STATE LEGISLATURE LAST YEAR DID PASS A LAW MAKING IT POSSIBLE FOR LOCAL MUNICIPALITIES TO ENACT LEGISLATION TO IN SOME WAY, TRY AND CONTROL AND HOPEFULLY TO EFFECT THE ELIMINATION OF THE DRUG PROBLEM IN THEIR AREAS . THE STATE LEGISLATURE HAS CHOSEN NOT TO ASSUME THE RESPONSIBILITY AND I WOULD LIKE TO INTRODUCE A RESOLUTION WHICH WOULD AFFORD US THE OPPORTUNITY TO HAVE A PUBLIC HEARING TO HAVE INPUT AS TO THE WORDING OF THAT RESOLUTIONJTO REGULATE WHAT ARE CALLED ' ' HEAD SHOPS " THAT DISPENSE DRUG. PARAPHERNALIA. I HAVE A NUMBER OF ITEMS OF INFORMATION WHICH WOULD GIVE THE BACKGROUND AS FAR AS DEFINITION 125 OF WHAT IS CONSIDERED DRUG PARAPHERNALIA. 'THE KEY POINT SEEMS TO BE,, IF THXS WERE TO BECOME A LOCAL LAWS THAT THE VIOLATION WOULD COME ONLY IF THE %UKVZYCROF THESE ARTICLES KNOWINGLY SELLS OR OFFERS FOR SALE OR DISPLAY SAID ARTICLES. WE WILL HAVE TO ADDRESS THE PROBLEM OF WHETHER OF NOT WE SEND THEM A COPY BEFORE HANDoSO THAT IF THEY DO SELL WE KNOW THEY ARE KNOWINGLY SELLING THESE ITEMS. RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAW RF$nl IIT Al y-7() , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE MR. ARTHUR TURNBULL— ASKED WHO WOULD ENFORCE SUCH A LAW? SUPERVISOR WALTER— THE STATE POLICE AND SHERIFF'S OFFICE. . . I COMMUNICATIONS -MOBILE HOME APPLICATION RIDGE ROAD WESLEYAN CHURCH OF RIDGE ROAD ONE YEAR EXTENSION FOR THE USE OF TWO MOBILE OFFICE -UNI'TS-STRICTLY FOR CLASSROOM PURPOSES. . . RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOMES RFr�ni irrrnni nin 4t INTRODUCED BY DR. CHARLES EISENHART. WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : { i WHEREAS THE RIDGE ROAD WESLEYAN CHURCH HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 ( B) SECTION 4 OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, 'WARREN COUNTY, NEW YORK, TO LOCATE A MOBILE HOME OUTSIDE OF A DULY LICENSED MOBILE HOME COURT AT PROPERTY SITUATED AT RIDGEIRDAD, AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PERSENTED IN SAID APPLICA- TION ARE SUFFICIENT TO AUTHORIZE THE ISSUANCE OF THE PERMIT REQUESTED BY SAID APPLICATION , THEREFORE BE IT RESOLVED , THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE TEMPORARY PERMISSION IS HEREBY GIVEN TO THE RIDGE ROAD WESLEYAN CHURCH OF RIDGE ROAD TO LOCATE TWO MOBILE HOMES OUTSIDE A LICENSED MOBILE HOME COURT FOR A PERIOD OF ONE YEAR AT PROPERTY SITUATED AT RIDGE FOAD , TOWN OF QUEENSBURY , AND THAT THE­TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE -MOBILE HOME APPLICATION WESLEY J . EGGLESTON OF 8 BYRNE AVENUE TO LOCATE A MOBILE HOME ON DEAN DRIVE COUNCILMAN MONAHAN- ARE THERE ANY OTHER MOBILE HOMES IN THAT AREA? MR. ALVIN DEAN SR. -ALL THE WAY AROUND IT. . . COUNCILMAN EISENHART- DO I UNDERSTAND THAT YOU HAVE GIVEN MR. EGGLESTON A PIECE OF PROPERTY? MR. DEAN- YES , THE DEEb IS IN THE LAWYERS OFFICE NOW . . . 126 MR. MACK DEAN- NOTED THAT THEY HAVE MET THE SIZE REQUIREMENT FOR THE PROPERTY. . . COUNCILMAN MONAHAN- REQUESTED THAT THE AREA WHERE THE MOBILE HOME '!IS TO BE PLACED�, BE MARKED OUT. . . MR. EGGLESTON- NOTED HE WOULD STAKE OUT THE CORNERS. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING RESfliUTTnN Nn - 72 _ INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY EGGLESTON : j WHEREAS, WESLEY J . EGGLESTON HAS MADE APPLICATION IN ACCORDANCE WITH i PARAGRAPH 2 ( C) SECTION 4 OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY , WARREN COUNTY, NEW YORK, TO LOCATE A MOBILE HOME OUTSIDE AT PROPERTY SITUATED AT DEAN DRIVE , AND WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES WITH THE REQUIREMENTS OF SAID ORDINANCE , AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS BOARD, THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , THE TOWN BOARD SHALL CONDUCT A PUBLIC HEARING ON SAID APPLICATION ON APRIL 12 , 1983 AT 7 : 30 P. M. IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY ROAD, AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO GIVE PROPER NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF SAID ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER i NOES : NONE ABSENT : NONE LTR. N. W . BODENWEISER , FIRE MARSHAL-REQUESTING PERMISSION TO ATTEND 'CDURSE AT NATIONAL FIRE ACADEMY APRIL 11-22 1983 IN MARYLAND DISC8SSION WAS HELD IN REGARD TO THE USE OF A TOWN VEHICLE COUNCILMAN EISENHART- ASKED WHAT THE $150 . 00 COVERS. . MR. BODENWEISER- THE $ 150 . 00 IS FOR ROOM AND BOARD THE U. S. GOVERNMENT PAYS FOR TRAVEL COSTS COUNCILMAN EISENHART- IF THEY PAY ON A MILEAGE BASIS I WOULD EXPECT THAT THE MONEY IS PAID TO THE TOWN. . . MR. BODENWEISER- NOS TO ME. . . I WILL TAKE MY OWN CAR. . . COUNCILMAN EISENHART- ARE YOU ON THE PROGRAM? MR. BODENWEISER- NO RESOLUTION TO ATTEND CONFERENCE RF_l;nlllTTON NO_. 73 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. WILLIAM BODENWEISER TO ATTEND A COURSE AT THE NATIONAL FIRE ACADEMY IN MARYLAND FROM APRIL 11 THROUGH THE 22ND. AND BE IT FURTHER i RESOLVED THAT MR. BODENWEISER TAKE ANOTHER MODE OF TRAVEL OTHER THAN TOWN VEHICLE AND BE IT FURTHER RESOLVED THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND NECESSARY EXPENSES. DULY ADOPTED BY THE FOLLOWING VOTE : j AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE 127 LTR. D. O.T. AREA SPEED LIMIT COTTAGE HILL AREA 30 MPH BETWEEN BURKE DR. AND POPLAR LANE AREA . . . ON FILE LTR. RONALD STAFFORD RE : CHIPS. . . ON FILE LTR. MICHAEL J. DELGIUDICE-RE : CHIPS . . . ON FILE -ACTIVE LIST-BAY RIDGE VOL. FIRE COMPANY COUNCILMAN EISENHART- QUESTIONED MR. BODENWEISER REGARDING A FIRE HAZARD ON RD1 LAKE GEORGE MR. BODENWEISER- THAT WAS TURNED OVER TO THE BUILDING AND ZONING DEPT. FOR FURTHER ACTION MR. DEAN- THEY HAVE BEEN NOTIFIED OF THE VIOLATION AND HAVE TO THE END OF THE MONTH TO CORRECT THE PROBLEM. . . -LTR. THOMAS FLAHERTY- ACCEPT THE TOTAL INSTRUMENTATION MAINTENANCE CONTRACT FILCHER & PORTER ON FILE RESOLUTION TO ACCEPT BID ON TOTAL INSTRUMENTATION MAINTENANCE CONTRACT BFSOLIITIQU Nfl Zr4 INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN- WHEREAS, MR. THOMAS FLAHERTY , WATER SUPT. FOR THE TOWN OF QUEENSBURY DID RECOMMEND THAT WE ADVERTISE FOR BIDS FOR TOTAL INSTRUMENTATION MAINTENANCE CONTRACT N ACT A D N WHEREAS, ONE BID WAS SUBMITTED AND RECEIVED AND OPENED AT THE SPECIFIED TIME AND PLACE BY THE DIRECTOR OF PURCHASING/TOWN CLERK DONALD A. CHASE , AND SUCH BIDS WERE THEN TURNED OVER TO MR. FLAHERTY FOR HIS RECOMMENDATION , AND WHEREAS, MR. FLAHERTY BY LETTER HAS RECOMMENDED THAT THE BID BE AWARDED TO FISCHER S PORTER OF NEEDHAM HEIGHTS , MASS . , NOW , THEREFORE BE IT { RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY ACCEPTS THE BID OF FISCHER & PORTER IN THE AMOUNT OF $5965 . 00 AND BE IT FURTHER I RESOLVED, THAT THE FINANCING FOR SUCH MATERIALS IS INCLUDED IN THE 1983 WATER DEPARTMENT BUDGET. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- SPOKE ON THE FREE CHEESE GIVE AWAY , NOTING THAT THE QUEENSBURY SENIOR CITIZENS WERE IN CHARGE OF GIVING AWAY THE CHEESE TO THE ELIGr9LE QUEENSBURY CITIZENS . . .NOTED THAT THE EXTRA CHEESE MAY BE GIVEN TO OTHER COMMUNITIES IN THE COUNTY COUNCILMAN MONANAN , DR. EISENHART AND MYSELF ATTENDR)A MADE IN N.Y. EXHIBIT AT THE AVIATION MALLS THE DEPUTY COMMISSIONER OF COMMERCE WAS PRESENT AND THE LT. GOVERNOR ALSO SPOKE. . . j COUNCILMAN EISENHART- IT WAS A VERY NICELY HANDLED AFFAIR AND OUR SUPERVISOR DID A SUPERLATIVE JOB MR. ANDERSON-VEIHRANS RD. - DESCRIBED SEVERAL ACCIDENTS THAT HAVE HAPPENED IN THE LAST FEW YEARS ON VETERANS ROAD, THE MOST RECENT BEING FRIDAY NIGHT. . CONCERNED OVER THE POSSIBILITY OF A VEHICLE HITTING HIS HOME ASKED IF THE TOWN COULD DO ANYTHING FOR HIM TO PREVENT SUCH AN ACCIDENT. . . NOTED THAT THE TOWN HAD PLACED A GUARD RAIL UP BUT THAT WAS TAKEN DOWN DURING THELAST ACCIDENT . MR. PAUL NAYLOR- THE TOWN HAS DONE EVERTHING THAT IT CAN LEGALLY. . . NOTED THAT THE GUARD RAIL HAS BEEN PUT BACK UP. . . i MR. ANDERSON- I FEEL THAT IT IS THE TOWN 'S RESPONSIBILITY SINCE THE TOWN PUT IN THE ROAD. . . (-SPEAKING FOR HIMSELF AND NEIGHBORS ) 128 MR. ANDERSON- PRESENTED THE TOWN BOARD WITH PICTURES OF THE ACCIDENTS . . . REQUESTED A TRAFFIC LIGHT ON VETERANS ROAD. . .SPOKE ON THE SPEEDING THAT IS DONE IN THE AREA. . . COUNCILMAN MONAHAN- NOTED THAT THE TOWN WOULD INCREASE THE PATROLS IN THAT AREA AND RRWAPS THAT WOULD HELP. . . SUPERVISOR WALTER- REQUESTED THE DATES OF THE ACCIDENTS SO THAT SHE COULD WRI-TE TO THE WARREN CO. SHERIFF'S OFFICE DESCRIBING THE PROBLEMS . . . COUNCILMAN MONAHAN- NOTED THAT THE ROAD COULD BE LETTERED DENOTING A DANGEROUS AREA. . . OPEN FORUM PLINEY TUCKER-QUESTIONED THE DIFFERENT SENTANCES GIVEN TO DWI � OFFENSES. . . SUPERVISOR WALTER- NOTED THATTHE COURTS HAVE GUIDE LINES TO USE IN SENTENCING DEPENDING ON THE CIRCUMSTANCES WHAT SENTENCE COULD BE GIVEN OUT. . . PLINEY TUCKER- ASKED IF THE NEW TRANSCIENT MERCHANTS ORDINANCE REQUIRED A LICENSE . . . SUPERVISOR WALTER- REVIEWED THE NEW PROPOSED LOCAL LAW . . . MERCHANTS WILL BE REQUIRED TO HAVE A LICENSE TO OPERATE IN THE TOWN . . . REVIEWED THE VARIOUS FEES AND BONDS REQUIRED. . . PLINEY,,,TUCKER- ON DIVISION ST. A USED CAR LOT AND REPAIR SHOP WAS SET UPARUN BY PAUL BAILEY AND KEN LEARY. . . REQUESTED THAT THE BUILDIING AND ZONING DEPT. INVESTIGATE THIS , HE WAS TOLD TO COME IN ANSIGN A COMPLAINT , NOTED HE DID NOT FEEL HE HAD TO SIGN A COMPLAINT . . . THIS BUSINESS ISI IN A RESIDENTIAL AREA. . .THE BUILDING DEPT. JUST DOES NOT SEEM TO WANT TO DO ANYTHING. . . COMPLAINED ABOUT THE MOBILE HOME OR DIVISION ST . THAT HAS BEEN SOLD TWICE AND RENTED, THE BUILDING DEPT . SAID SOMETHING ABOUT A GRANDFATHER CLAUSE IN THE ORDINANCE. . . I DO NOT THINK THAT THE CLAUSE SHOULD BE CARRIED FROM ONE TENANT TO THE NEXT. . . I GET THE FUNNY FEELING THAT WN5N I WALK INTO THE BUILDING --- ---. DEPT. THAT I AM INFERIOR , YOU 'WALK IN THERE LIKE THESE PEOPLE ARE DOING YOU A FAVOR. . . I KNOW WEjAS TAX PAYERS ARE PAYING THEM. . . SPOKE ON THE ENERGY CODE AND THE PROBLEMS WITH MOISTURE-FELT THAT THE REQUIREMENTS FOR INSULATIONS THAT THE N. Y. ENERGY CODE IS REQUIRINGjIS MORE THAN IS I NEEDED AND IS CREATING A PROBLEM OF MOISTURE IN THE ATTICS IN THE WINTER ESPECIALLY A WINTER LIKE THIS-SOMEWHERE DOWN THE ROAD SOME SMART LAWYER IS GOING TO GET AHOLD OF THIS-WHEN SOMEONE HAS TO REPLACE A ROOF AND THE TOWN BOARD AND THE STATE OF NEW YORK ARE GOING TO BE RESPONSIBLE FOR IT. . . COMRLAINED ABOUT A DUMP BEING STARTED ON THE PROPERTY OF THE FAITH BIBLE CHURCH. . . WASHING MACHINES , MATTRESS ETC. . . ( I AM REPRESENTING SEVERAL FAMILIES IN THE AREA) SUPERVISOR WALTER- I WILL SPEAK WITH MR. DEAN AND MR. LYNN ABOUT THESE PROBLEMS . . . PLINEY TUCKER- DOES THE APA SUPERCEDE ANY TOWN ORDINANCE? 1 SUPERVISOR WALTER- YES. . I PLINEY TUCKER- ASKED WHY THE BUILDING DEPT . HAS TO GO TO ALL THE APA HEARINGS. . . I SUPERVISOR WALTER- NOTED THAT THE BUILDING INSPECTORS HAD ATTENDr9 THE APA MEETINGS FD:RTHE TOP OF THE WORLD AND WILL BE REPORTING TO THE TOWN BOARD ON THIS PROJECT. . . THIS PROJECT WILL BE COMING BEFORE THE TOWN BOARD AGAIN. . . i PLINEY TUCKER- WHAT THE APA HAS ENFORCED IN THE TOWN THE APA SHOULD HAVE A MAN FROM THE APA TO EXPLAIN IT TO THE BOARD. . .NOTED THAT HE DID NOT GET AN ANSWER ON HIS PROBLEM BECAUSE THE BUILDING DEPT . WAS AT APA MEETINGS. . . I AM A BUILDER IN THE TOWN , I DO NOT EXPECT ANY UNDUE PRESSURE FROM THE BUILDING DEPT. . . . MR. TURNBULL- REPORTED ON THE ACTIVITIES OF THE SENIOR CITIZENS IN THE TOWN , THIRD ANNIVERS$kRY MEETING MARCH 9TH . . .SPOKE TO THE WARREN COUNTY SUPERVISOR RE : CUTS IN RECREATION FUNDING FOR SENIOR CITIZENS. . . ALSO THE OVER SIXTY FIVE EXEMPTION WAS DISCUSSED , DIFFERENT IN EACH TOWN. . . IN REGARD TO THE CHEESE GIVE AWAY EVERT I 129 FINE � THE BALANCE OF THE CHEESE IS ON H NG WENT ALONG A COOLER, , , FINCH, PRUYN ISLAND IN REGARDING THE INSTRUMENTATION CONTRACT , PELT THAT THE TOWN COULD TRAIN SOMEONE TO DO THE WORK FOR LESS, , , SUPERVISOR WALTER- NOTED THAT WE NEVER HAVE HAD A CONTRACT ON THE INSTRUMENTATION-MR. VANDUSEN AND MR, FLAHERTY' FELT THAT WE WOULD DO JUST AS GOOD WITH GETTING A. TOTAL CONTRACT WHICH INCLUDED ALL PARTS. . . WE FEEL THAT WE WILL COME OUT AHEAD ON THIS DEAL, . . RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RFS-- 0-....lIlTTOU NOS _?„G INTRODUCED BY' MR. DANIEL MORRELL WH:O MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER RESOLVED, THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO, 83-3D AND NUMBERED 443-444 AND TOTALING $23, 820. 00 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENH.ART , MR. MORRELL , MRS. MONAHAN , MRS, WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. i RESPECTFULLY , DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY i RESOLUTION PROHIBITION OF THE SALE OF DRUG ACCESSORIES IN THE TOWN OF QOENSBURY i RESOLUTION NO . 70 , INTRODUCED BY MR, DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN .80ARD OF THE TOWN OF QUEENSBURY IS CONCERNED WITH THE USE AND ABUSE OF DRUGS BY CHILDREN AND OTHER PERSONS WITHIN THE MWN OF QUEENSBURY , AND WHEREAS , THE TOWN BOARD IS DESIROUS OF LIMITING AND PROHIBITING, WHERE CONSTITUTIONALLY PERMISSABLE THE SALE OF DRUG ACCESSORIES WITHIN THE TOWN OF QUEENSBURY , AND NOW THEREFORE BE IT RESOLVED , THAT A PUBLIC HEARING ON A PROPOSED LOCAL LAW FOR THE PROHIBITION OF THE SALE OF DRUG ACCESSORIES WITHIN THE TOWN OF QUEENSBURY BE HELD AT 7 : 30 P. M. ON APRIL 12 , 1983 AND BE IT FURTHER RESOLVED , THAT THE TOWN CLERK PUBLISH NOTICE OF THE PUBLIC HEARING IN THE OFFICIALLY DESIGNATED NEWSPAPER. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE 134 RESOLUTION SETTING PUBLIC HEARING ON LOCAL LAW ON TRANSIENT MERCHANTS RESOLUTION NO . 64 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN BOARD OF THE : TOWN OF QUEENSBURY HAS RECEIVED NUMEROUS COMPLAINTS FROM RESIDENTS WITH THE TOWN REGARDING THE ACTIVITIES OF TRANSIENT MERCHANTS AND SOLICITORS IN THE TOWN OF QUEENSBURY ,AN D WHEREAS , THE TOWN EOARD IS DESIROUS OF REGULATING AND CONTROLLING THE ACTIVITIES OF TRANSCIENT MERCHANTS AND SOLICITORS WITHIN THE TOWN OF QUEENSBURY , NOW , THEREFORE BE IT RESOLVED , THAT A PUBLIC HEARING ON A PROPOSED LOCAL LAW FOR THE -- REGULATION OF TRANSIENT MERCHANTS AND SOLICITORS WITHIN THE TOWN OF QUEENSBURY BE HELD AT 7 : 30 P. M. ON APRIL 12 , 1983 , AND BE I'T FURTHER RESOLVED , THAT THE TOWN CLERK PUBLISH NOTICE OF THE PUBLIC HEARING IN THE OFFICIALLY DESIGNATED NEWSPAPER. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR , MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE TOWN BOARD MEETING APRIL 12 , 1983 TOWN BOARD MEMBERS MRS. FRANCES WALTER-SUPERVISOR MR. DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN j MR. DANIEL MORRELL-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN MR. WILSON MATHIAS-TOWN COUNSEL PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN MEETING OPENED 7 :50 P. M. i PRESS: G. F. POST STAR GUESTS : LEAGUE OF WOMEN VOTERS , MR. STEC , MR. BIGELOW , MR. ADAMSON PUBLIC HEARINGS j PUBLIC HEARING-MOBILE HOME APPLICATION OF WESLEY J . EGGLESTON OF 8 BYRNE AVENUE TO LOCATE A MOBILE HOME ON DEAN DRIVE NOTICE SHOWN-MR. EGGLESTON WAS PRESENT 7 :50 P . M. SUPERVISOR WALTER- ASKED IF ANYONE WAS PRESENT TO SPEAK FOR OR AGAINST THE APPLICATION COUNCILMAN EISENHART- NOTED HE HAD SEEN THE SITE OF THE PROPOSED PLACEMENT OF THE MOBILE HOME . . . I HAVE NO WAY OF REALLY JUDGING THE HARDSHIP , BUT AS FAR AS THE LOCATION IT SEEMS QUITE IN ORDER HERE. COUNCILMAN OLSON- I WENT SATURDAY MORNING AND WALKED OVER THE LAND AND TALKED TO YOUR GRANDFATHERJHE SAID HE HAD NO OBJECTION COUNCILMAN MONAHAN- IT SEEMS TO FIT IN RIGHT WITH THE NEIGHBORHOOD. . . SUPERVISOR WALTER- I WOULD LIKE TO THANK YOU FOR STAKING IT OUT , IT WAS EASILY PICKED OUT YESTERDAY WHEN I WENT OUT THERE. THIS HAS BEEN INSPECTED BY THE BUILDING INSPECTOR WHO ALSO APPROVED THE APPLICATION. IF THERE ARE NO FURTHER COMMENTS I WOULD CLOSE THE PUBLIC HEARING 7 :53 P. M. i PUBLIC HEARING-PROPOSED LOCAL LAW- REGARDING TRANSIENT MERCHANTS AND SOLICITORS IN THE TOWN OF QUEENSBURY 131 NOTICE SHOWN 7 :54 P. M. SUPERVISOR WALTER- THE HAS`'WORKED WITH LOCAL-'BUSINESSMEN IN THE COMMUNITY WHO FELT THAT TWO EXISTING ORDINANCES IN THE TOWN, NUMBER 35 AND 16 WHICH RELATED TO SALES OF MERCHANDISE BY TRANSIENTS WERE NOT EFFECTIVE IN THE TOWN OF QUEENSBURY. THEY CAME BEFORE THE TOWN BOARD ABOUT A YEAR AGO AND ASKED US TO LOOK INTO IT-WE ASKED FOR THEIR COMMENTS AS TO WHAT AREAS OF THE ORDINANCE THEY WISHED TO SEE AMENDED AND WHAT WE HAVE COME UP WITH IS A TOTALLY NEW LOCAL LAW. IT WOULD BE THE INTENT OF THE TOWN BOARD TO REPEAL ORDINANCE NO. 35 AND 16 AND REPLACE IT WITH THE LOCAL LAW ON TRANSIENT MERCHANTS . ASKED FOR COMMENTS FROM THE PUBLIC OR THE TOWN BOARD. . . 1, COUNCILMAN EISENHART- THE ONLY COMMENT THAT I HAVE HAD ALL ALONG IS THAT THIS IS NOT PERFECT BY ANY MEANS BUT IT IS AN IMPROVEMENT OVER WHAT WE HAVE , THE TOWN CLERK HAS NOT BEEN ABLE TO HANDLE WHAT WE HAVE-THIS ONE PRESUMABLY HE CAN HANDLE. . . SUPERVISOR WALTER- IN PASSING THE LOCAL LAWJ WHAT WE REALLY ARE DOING IS PROTECTING THE LOCAL BUSINESSMEN IN THE TOWN OF QUEENSBURY WHO PAY TAXES TO THE TOWN-CONTINUE TO DO BUSINESS HERE AND REALLY HAVE TO STAND BEHIND WHATEVER MERCHANDISE THEY SELL . WE ARE MAKING THE PERSONSWHO COME IN AND PASS THROUGH THE TOWN SELLING MERCHANDISE-HE WILL COMPLY WITH A NUMBER OF THINGS BEFORE HE STARTS SELLING HIS MERCHANOISE-THIS IS WHERE IT DIFFERS FROM WHAT WE ALREADY HAVE ON THE BOOKS. TOWN CLERK- REQUESTED THAT AN ADDITIONAL SECTION BE PLACED IN REPEALING ORDINANCE 16 AND 35 . . . COUNCILMAN EISENHART- DO WE HAVE TO HAVE A PUBLIC HEARING REPEALING AN ORDINANCE? TOWN COUNSEL- WE HAVE HAD PUBLIC HEARINGS IN THE PAST TO REPEAL ORDINANCES SUPERVISOR WALTER- WHAT WE THOUGHT WE WOULD DO IS TO SET A PUBLIC HEARING THIS EVENING TO REPEAL ORDINANCES 16 AND 35 AND TAKE ACTION ON THIS AT OUR NEXT MEETING. TOWN CLERK- WE HAVE REPEALED MANY ORDINANCES BEFORE WITHOUT A PUBLIC HEARING. ' C3UNCILMAN MONAHAN- MAYBE WE ARE DOING SOMETHING WE DO NOT NEED TO DO BUT IF WE DO DO IT� WE KNOW WE ARE COVERED. COUNCILMAN EISENHART- I WOULD PREFER TO HAVE THE PUBLIC HEARING SET AND ADVERTISED AND THEN ACT AT THAT TIME TO REMOVE THE OLD ORDINANCE AND ENACT THE NEW LOCAL LAW . . . . SUPERVISOR WALTER- ARE THERE ANY FURTHER COMMENTS REGARDING THIS LOCAL LAW? NO ONE SPOKE THE PUBLIC HEARING WAS CLOSED. . 8 :03 P. M. PUBLIC HEARING-PROPOSED LOCAL LAW-DRUG ACCESSORIES- NOTICE SHOWN8 :03 P. M. SUPERVISOR WALTER- THIS IS DIRECTED TO BAN THE SALE AND DISPLAY OF DRUG ACCESSORIES IN THE TOWN OF QUEENSBURY. THE TOWN BEDARD IS CONCERNED REGARDING THE SALE OF DRUG PARAPHERNALIA IN THE TOWN AND WISHES BY THE VIRTUE OF THIS LOCAL LAW TO BAN ANY SALE OR DISPLAY OF ANY DRUG ACCESSORIES. A COPY OF THIS PROPOSED LEGISLATION WAS SENT TO OUR TWO LOCAL JUDGES THE DISTRICT ATTORNEY AND TO THE SHERIFF OF WARREN COUNTYjFOR ANY COMMENTS THEY HAD. ONE OF OUR JUDGES INDICATEDjHE FELT IN THE PENALTY PROVISION THAT WE WOULD CONSIDER CHANGING SECTION 33-5 PENALTIES FROM A PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE IS GUILTY OF A MISDEMEANOR TO A PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE IS GUILTY OF A VIOLATION PUNISHABLE BY NOT MORE THAN FIFTEEN DAYS AND FIFTY DOLLARS FOR EACH DAY OF VIOLATION. . . TOWN COUNSEL- I DO NOT SEE THAT IT IS SIGNIFICANT IN REQUIRING AN ADDITIONAL PUBLIC HEARING ON THAT QUESTION-ONE OF THE JUDGES COMMENTS WAS -THAT BY MAKING IT A MISDEMEANORSTHE PERSON WHO iALLEGEDL!Y -VIOLATES IT BECOMES ENTITLED TO AN ASSIGNED COUNSEL AND ALL THE JURY TRAIL. IN TERMS OF THE ASSIGNED COUNSEL QUESTION , IF YOU ARE LOOKING AT AN INDIVIDUAL LIKE SOMEONE WHO IS OPERATING A BUSINES$j PRESUMABLY MAKING MONEY AT IT AND I WOULD NOT THINK THAT THE ASSIGNED COUNSEL PART WOULD APPLY. 132 COUNCILMAN EISENHART- MY FEELING IS WE SHOUL _pC TTRYY IT AS A VIOLATION IF THE VIOLATION IS NOT STRONG ENOUGH WE CANPA LIVER TO A MISDEMEANOR. SUPERVISOR WALTER-IN ESTABLISHING-A VIOLATION IS IT ACCEPTABLE TO PUT NO MORE THAN FIFTEEN DAYS AS A PART? TOWN COUNSEL- OUR FIRE PREVENTION CODE HAS THE SAME TYPE OF PENALfy" PREVISION. COUNCILMAN MORRELL- INTRODUCED MR. BIGELOW MR. BIGELOW-I WOULD LIKE TO SEE THE LOCAL ORDINANCE REVISED SOMEWHAT FROM WHAT IT IS RIGHT NOW. WOULD LIKE TO SEE STRONGER PENALITIES 1 ,000 TO 10 ,000 DOLLARS. . REQUESTED THAT LOCAL LICENSES BE REVOKED IF FOUND GUILTY . . . I WOULD LIKE TO SEE SOME TEETH PUT INTO THIS LOCAL ORDINANCE. . . SUPERVISOR WALTER- NOTED THAT THE TOWN DOES NOT HAVE A PERMIT SYSTEM. . . MR. BIGELOW- QUESTIONED SECTION K ' ' DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE RATIO OF SALES OF THE OBJECT TO THE TOTAL SALES OF THE BUSINESS ENTERPRISE; " I DO NOT SEE THAT , THAT WOULD FALL UNDER ANY EVIDENCE TO BE CONSIDERED. . . I THINK THE ORDINANCE SHOULD HAVE A DEFINIT,%-_&yi OF -CONTROLLED SUBSTANCE. MR. GEORGE STEC- REQUESTED THAT THE LOCAL LAW BE MADE STRONGER NOT WEAKER COUNCILMAN EISENHART- ASKED IF WE HAVE A STATE LAW THAT CAN BE ENFORCED BY LOCAL OFFICIALS-WHY WE NEED A LOCAL LAW ? MR. BIGELOW- THE STATE LAW IS A MODEL USED BY THE LOCAL MUNICIPALITIES TO FORM THEIR OWN LOCAL LAWS UPON . . . COUNCILMAN MORRELL- WHAT ABOUT MAIL ORDER PARAPHERNALIA-THERE IS NOTHING YOU CAN DO ABOUT THAT? MR. BIGELOW-NO , UNLESS THiE. STATE SOMEHOW REGULATES IT. . . COUNCILMAN MORRELL- I DO NOT WANT TO BE T00 EASY ON THE PENALTY. SUPERVISOR WALTER- WE NEED TO HAVE SOMETHING THAT HAS TEETH SO THAT THIS DOES NOT OCCUR IN THE TOWN OF QUEENSBURY AND THAT PEOPLE SUCH AS JUDGES AND LAW ENFORCEMENT PEOPLE TAKE IT SERIOUSLY, AND WILL BE COOPERATIVE AND SEE THAT IT DOES NOT OCCUR. MR. BIGELOW- QUESTIONED THE FINE OF FIFTY DOLLARS:'. . TOWN COUNSEL- NOTED HE HAD EXPERIENCE WITH A FIFTY A DOLLAR A DAY FINE AND JUST BECAUSE OF THE NORMAL COURSE OF THESE THINGSjGENERALLY A QUITE A BIT OF TIME INBETWEEN WHEN A VIOLATION IS .WOUND-AND WHEN, )A `©ECTSION IS MADE ON IT AND THAT MONEY ADDS UP. . . TO ADDRESS WHAT DOCTOR EISENHART HAS QUESTIONED-THAT ONE OF THE DIFFERENCES IN TERMS OF WHAT THE STATE LAW DOES IS AND OUR LAW IS VERY MUCH LIKE IT , BUT WHAT THE STATE LAW DOES THEY GIVE A LOCAL MUNICIPALITY THE OPTION :TO BRING AN ACTION TO ENJOIN OR STOP THAT TYPE O-F ACTIVITY , . . . THIS PARTICULAR LAW DOES4 IT MAKES THE PERSON WHO DOES THE ACT A CRIMINAL AND MAKES IT AN UNSPECIFIED MISDEMEANOR. . . COUNCILMAN EISENHART- IN YOUR OPINION WE SHOULD LEAVE THIS -AS A MISDEMEANOR RATHER THAN A VIOLATION? TOWN COUNSEL- IT WAS SET UP THAT WAYS I THOUGHT IT WAS REASONABLE. . . AS �✓ IT STANDS NOW� I THINK IT IS A PRETTY TOUGH LOCAL PROVISION . i i MR. STEC- IN REGARD TO THE TRANSIENT MERCHANTS ORDINANCE DOES THIS APPLY TO THE MAN WHO SELLSPAINTINGS ON 9L? ,r„ COUNCILMAN EISENHART- NO , IN THAT CASE HE OWNS THE LAND ON WHICH HE SELLS . THE PAINTINGS. . . COUNCILMAN MONAHAN- IF A SHOP EXISTS IN THE MALL AND IS SELLING THIS TYPE OF ITEM SHOULD THE MALL OWNER ALSO BE RESPONSBLE FOR IT? TOWN COUNSEL- YOU ARE RUNNING INTO SOME REAL CONSTITUTIONAL PROBLEMS WITH QUESTION TO CRIMINAL INTENT , KNOWLEDGE WHICH IS EXTREMELY DIFFICULT TO PROVE. . . SUPERVISOR WALTER- ASKED FOR FURTHER INPUT ON THE PUBLIC HEARING, 133 NO ONE SPOKE THE PUBLIC HEARING WAS CLOSED 8 :40 P. M.( TOWN CLERK- DOES THE TOWN BOARD HAVE AN UP4TODATE DRAFT OF THE TRANSIENT MERCHANTS ORDINANCE? MY COPY STILL RELATES TO IT AS AN ORDINANCE , WE HAD THE WRONG MATERIAL IN MY OFFICE TO REALLY ADVERTISE , WE NEVER HAD THE PROPER DRAFT ON THE LOCAL LAW , ONE WAY TO AVOID A PUBLIC HEARING ON REPEALING THE ORDINANCES WAS TOGAS I ASKED FOR IN THE WORKSHOPSJA SECTION IN THE LOCAL LAW REPEALING THE TWO ORDINANCES. REVIEWED SEVERAL ORDINANCES THAT WERE REPEALED WITHOUT PUBLIC HEARINGS. . . ORDINANCE 22 REPLACED BY ORDINANCE 25. . . 1977 LOCAL LAW #2 REPLACED ORDINANCE 42 . . ORDINANCE 36 REPLACED BY LOCAL LAW IN 1979 IN EACH CASE NO PUBLIC HEARING WAS HELD SUPERVISOR WALTER- INTRODUCED MR. RALPH BOICE AND MR. FRANK DESANTIS TOP O(± THE WORLD PROJECT- MR. DESANTIS-ON MARCH 3 , 1983 THE PLANNING BOARD GAVE ITS FINAL APPROVAL ON PHASE I AND FINAL CONCEPTUAL APPROVAL OF THE PROJECT AS A WHOLES AS A PLANNED UNIT DEVELOPMENT , THIS MATTER NOW COMES BACK BEFORE THE TOWN BOARD TO DETERMINE WHAT APPROVAL THIS BOARD WILL GIVE , WE ARE HERE TONIGHT TO ASK -THE TOWN BOARD TO GIVE US CONDITIONAL APPROVAL 'OF THE PUD PLAT. CONDITIONAL UPON ALL RECEIPT OF ALL THE NECESSARY PERMITS AS SET FORTH BY THE PLANNING BOARD ON MARCH 3RD. ON APRIL 7TH 1983jTHE PARK AGENCY GAVE US A CLASS A REGIONAL APPROVAL , WE ARE NOW AWAITING RECEIPT OF THE HARD COPY BY THE OPERATION DIRECTOR'! _—. IN REGARD TO THE DEPT. OF ENVIRONMENTAL CONSERVATIONIALL PERMIT APPLICATIONS HAVE BEEN COMPLETED-THE PERIOD FOR PUBLIC COMMENT ENDED ON MARCH 25 , NO FURTHER COMMENT WAS RECEIVED-WE HAVE BEEN INFORMED THAT ENCON DOES NOT INTEND TO CONDUCT ANOTHER PUBLIC HEARING. THE DEPARTMENT OF HEALTH IS IN THE PROCESS AND IS AWAITING RECEIPT OF SOME FURTHER WELL TESTS WHICH ARE BEING CONDUCTED RIGHT NOW. F I THE BOARD D GIVES US CONDITIONAL C DITIONAL APPROVALJWE THEN HAVE ONE HUNDRED AND EIGHTY DAYS TO COME BACK BEFORE THE TOWN BOARD FOR FINAL APPROVAL. . . IF AT THAT TIME THE BOARD GIVES FINAL APPROVAL WE WILL HAVE THIRTY DAYS TO FILE THE FINAL MAP WITH THE COUNTY CLERKjTHAT WOULD BE THE FINAL ACT IN THE CREATION OF A PLANNED UNIT N T DEVELOPMENT. 4 ( DISCUSSION WAS HELD ON THE CONDITIONAL APPROVAL STEP IN THE ORDINANCE) i _ COUNCILMAN MONAHAN- How WILL THE WATER BE MONITORED AT THE SITE? MR. DESANTIS- THE APA DRAFT PERMIT DOES CONTAIN IN IT A REQUIREMENT THAT THERE BE GROUND WATER MONITORING SYSTEMS , FIVE DOWN SLOPE WELLS- THE SITE OF THE WELLS HAS NOT BEIWAGREED UPON TODATE THERE HAS BEEN NO BACKGROUND INFORMATION TO COMPARE FUTURE RESULTS AGAINST. . . IT DOES CALL FOR QUARTERLY TESTING. . . COUNCILMAN MONAHAN- THIS HAS 70 HE SET UP BEFORE THE END OF THE ONE HUNDRED AND EIGHTY DAYS? MR. DESANTIS-THIS HAS TO BE FINALIZED BEFORE THE APA WILL ISSUE A PERMIT. COUNCILMAN MONAHAN- WHAT KIND OF A SEPTIC SYSTEM DID YOU END UP WITH? MR. DESANITS- SEVEN INDIVIDUAL SYSTEMS. . . SUPERVISOR WALTER- THANKED MR. DESANTIS AND MR. BOICE FOR APPEARING HERE THIS EVENING. . . RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 7@, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED , THAT THE TOWN BOARD MINUTES OF MARCH 22 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : 'NbES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE i i 04 RESOLUTION AUTHORIZING BUS GRANT AGREEMENTS BETWEEN QUEENSBURY AND COUNTY OF WARREN RESOLUTION NO . 77 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS WD-OPTION , EC NDED BY MRS . BETTY MONAHAN : WHEREAS, WARREN COUNTY IS PARTICIPATING IN A NEW YORK STATE DIVISION FOR YOUTH SPECIAL DELINQUENCY PROGRAM, BY ESTABLISHING AN INTRACOUNTY YOUTH BUS PROGRAM, AND WHEREAS, A FINANCIAL REIMBURSEMENT PROGRAM HAS BEEN PROPOSED BY THE WARREN COUNTY YOUTH BOARD , NOW , THEREFORE BE IT RESOLVED , THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT BETWEEN THE COUNTY OF WARREN AND THE TOWN OF QUEENSBURY WHEREBY THE COUNTY OF WARREN SHALL PROVIDE THE TOWN OF QUEENSBURY WITH AN AMOUNT NOT TO EXCEED $736 . 52 DOLLARS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. ,-EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE RESOLUTION AUTHORIZING LIEN FOR DEMOLITION OF STRUCTURES AT 12 MINNESOTA AVENUE RESOLUTION NO . 78 INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS , BY RESOLUTION NO. 4 OF 1982 THE QUEENSBURY BOARD OF HEALTH DETERMINED THAT CERTAIN STRUCTURES USED BY NATHAN LETHBRIDGE LOCATED ON PROPERTY KNOWN AS 12 MINNESOTA AVENUE IN THE TOWN OF QUEENSBURY AND DESIGNATED AS 127-1-3 ON THE WARREN COUNTY TAX MAPS WERE DETERMINED i UNSAFE AND CONDEMNED , AND WHEREAS , MR. LETHBRIDGE WAS ADVISED THAT UPON HIS FAILURE TO REMOVE THE STRUCTURES ANY COSTS INCURRED IN DOING SO BY THE QUEENSBURY HIGHWAY DEPARTMENT WOULD BE LEVIED UPON THE SAID REAL PROPERTY , AND WHEREAS , DEMOLITION WAS STARTED ON JANUARY 12 , 1983 BY THE TOWN OF QUEENSBURY HIGHWAY DEPARTMENT AND COMPLETED JANUARY 14 , 1983 IN WHICH DEBRIS WAS CLEARED AND THE EXCAVATION WAS FILLED, AND WHEREAS, THE COST OF THE PROJECT TO THE TOWN OF QUEENSBURY WAS $2 ,492 . 27 NOW , THEREFORE BE IT RESOLVED, THAT THE WARREN COUNTY REAL PROPERTY TAX SERVICE BE APPRISED OF THE FOREGOING LIEN IN THE SUM OF $2 , 492 . 27 AND THAT SUCH SUM BE LEVIED UPON THE AFOREDESCRIBED PROPERTY BY THE NEXT EARLIEST TOWN OF QUEENSBURY REAL PROPERTY ASSESSMENT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER I NOES : NONE ABSENT : NONE RESOLUTION TO SET PUBLIC HEARING TO AMEND ORDINANCE NO . 34 4-.. i RESOLUTION NO . 79 , INTRODUCED BY MRS. FRANCES WALTER WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN WHEREAS, THE TOWN BOARD HAS BEEN REQUESTED, BY PROPERTY OWNERS BOUNDING ON AN UNNAMED COVE ALONG THE SHORES OF LAKE GEORGE IN WHICH IS SITUATED FISCHER' S MARINA , TO CONTROL THE SPEED ON MECHANICALLY PROPELLED VESSELS WITHIN THE SAID UNNAMED COVE , AND WHEREAS, TOWN OF QUEENSBURY BY LOCAL ORDINANCE NO . 34 HAS REGULATED THE SPEED OF MECHANICALLY PROPOELLED VESSELS WITHIN BAYS IN CLOSE PROXIMITY TO THE AFORESAID UNNAMED COVE , AND 135 WHEREAS, A PROPOSED ORDINANCE TO AMEND ORDINANCE NO. 34 , A COPY OF WHICH IS HERETO ANNEXED, HAS BEEN PREPARED AND PRESENTED FOR CONSIDERATION BY THE TOWN BOARD OF THE TOWN--CF QUEENSBURY FOR THE REGULATION OF SPEED OF MECHANICALLY PROPELLED VESSELS , AND WHEREAS, THE PROPOSED ORDINANCE IS WORTHY OF CONSIDERATION FOR LEGISLATIVE ACTION , NOW , THEREFORE BE IT RESOLVED, THAT A PUBLIC HEARING BE HELD CONCERNING THE PROPOSED ADOPTION OF AN ORDINANCE TO AMEND ORDINANCE NO. 34 REGULATING SPEED OF MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY , WARNER BAY , ASSEMBLY POINT AND HARRIS BAY TO PROVIDE FOR THE INCLUSION OF THE UNNAMED COVE SITUATED IN CLOSE PROXIMITY TO WARNER BAY IN WHICH FISCHER' S MARINA,;= IS LOCATED, AND THAT SAID PUBLIC HEARING BE -- HELD AT 7 : 30 P. M. IN THE MEETING ROOM OF THE TOWN OF QUEENSBURY OFFICE BUILDING , BAY AND HAVILAND ROADS , IN THE TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK ON APRIL 26 , 1983 AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF WILL BE HEARD, AND IT IS FURTHER RESOLVED , THAT THE TOWN CLERK BE HEREBY DIRECTED AND AUTHORIZED TO PUBLISH AND PROVIDE NOTICE OF SAID PUBLIC HEARING AS MAY BE REQUIRED BY LAW DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION OF SORROW RESOLUTION NO . 80 INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD WHEREAS , MR. GORDON STREETER OF SHERMAN AVENUE , TOWN OF QUEENSBURY SERVED ON VARIOUS BOARDS FOR THE TOWN OF QUEENSBURY AND WAS ELECTED AS A TOWN COUNCILMAN AND 71OWN SUPERVISOR FOR THE TOWN OF QUEENSBURY , AND WHEREAS , MR. GORDON STREETER, IN THE PERFORMANCE OF HIS DUTIES AS SUPERVISOR AND IN HIS OTHER RELATIONSHIPS WITH THE TOWN OF QUEENSBURY CONTINUALLY DEMONSTRATED GREAT DILIGENCE , THE HIGHEST PROFESSIONALISM AND AN EXCEEDINGLY GREAT REGARD FOR HIS FELLOW CITIZENS , AND WHEREAS, MR. GORDON STREETER DURING HIS LIFETIME IN THE TOWN OF QUEENSBURY GAINED THE ESTEEM AND RESPECT OF ALL THOSE WITH WHOM HE WORKED AND LIVED ; AND WHEREAS, THE TOWN BOARD AND THE PEOPLE OF QUEENSBURY WERE SADDENED TO LEARN OF THE UNTIMELY PASSING OF MR. GORDON STREETER ON APRIL 6 , 1983 NOW , THEREFORE BE IT RESOLVED, THAT THE TOWN BEOARD OF THE TOWN OF CUEENSBURY ON BEHALF OF ALL THE PEOPLE OF THE TOWN , HEREBY EXPRESS THEIR DEEP SORROW ON THE DEATH OF THEIR FRIEND AND CO-WORKER MR. GORDON STREETER AND EXPRESS TO MRS. STREETER AND THE MEMBERS OF HIS FAMILY THEIR SYMPATHY AT THIS UNFORTUNATE TIME. I � DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : HONE ABSENT : NONE RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO . 81 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : I WHEREAS , WESLEY J . EGGLESTON HAS MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 ( C) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED ; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TO LOCATE A MOBILE HOME AT PROPERTY SITUATED ON DEAN DRIVE , AND 136 WHEREAS , THIS TOWN BOARD HAS CONDUCTED A PUBLIC HEARING IN CONNECTION WITH SAID APPLICATION AND HAS HEARD ALL PERSONS DESIRING TO BE HEARD IN FAVOR OF OR AGAINST SAID APPLICATION , AND i WHEREAS , IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION AND AT SAID PUBLIC HEARING ARE SUFFICIENT TO AUTHORIZE THE ISSUANCE OF THE PERMIT REQUESTED BY SAID APPLICATION , THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , PERMISSION IS HEREBY GIVEN TO WESLEY J . EGGLESTION TO LOCATE A MOBILE HOME AT PROPERTY SITUATED AT DEAN DRIVE AND THAT THE BUILDING INSPECTOR IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT j IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER ` NOES : NONE ABSENT : NONE ( DISCUSSION HELD IN REBARD TO TOP' 'OF THE WORLD-COUNCILMAN MORRELL , SECONDED BY COUNCILMAN EISENHART AGREED TO THE FOLLOWING : RESOLUTION CONDITIONAL APPROVAL FOR THE TOP OF THE WORLD CONTINGENT UPON ITS APPROVAL OF OTHER APPLICABLE AGENCIES WITH THE PROVISIONS TO THE TOWN BOARD OF OTHER DOCUMENTS WHICH WE MAY DEEM NECESSARY RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 1\d' ( RESOLUTION NO. 82 ) DULY ADOPTED BY E FOLLOWING VOTE: AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION AUTHORIZING SUPERVISOR TO SIGN BUS AGREEMENTS—GREATER GLENS FALLS TRANSIT SYSTEM RESOLUTION NO. 83 , INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLUTION TO BE FORTHCOMING FROM TOWN COl9EL TO BE FOUND ON PAGE 139`; DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE COUNCILMAN MONAHAN- THE TARGET DATE FOR HAVING THE BUSSES IN SERVICE IS JULY 1ST. SUPERVISOR WALTER- THE TOWN 'S COST OF THE CAPITAL EXPENSES IS $ 14 , 393. 00 PAID THIRTY DAYS AFTER RECEIPT OF THE BUSSES. . .THE OPERATING BUDGET IS $16 , 704 . 00 TO BE PAID ON THE 1ST. OF MAY. COUNCILMAN OLSON- WAS THERE ANY CONSIDERATION GIVEN TO THE EXTENSION OF THE ROUTE TO THE WARREN CO. MUNICIPAL CENTER? COUNCILMAN MONAHAN- THE IDEA RIGHT NOW IS TO GET THE ROUTES THAT HAVE BEEN TALKED ABOUT IN PLACE AND OPERATING AND THEN START TO WORK FOR ANY ADJUSTMENTS. . . SET PUBLIC HEARING TO RESOLUTION TOAABOLISH ORDINANCE 16 AND 35 OF THE TOWN OF QUEFNSBURY RFSO IITION N0. R4 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 1�9 137 DULY ADOPTED BY THE FOLLOWING VOTE : AYES . MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT: NONE RESOLUTION TO PASS A LOCAL LAW TO BAN THE SALE AND DISPLAY OF DRUG ACCESSORIES IN THE TOWN OF QUEENSBURY RESOLUTION NO. 85 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS } ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 149 DULY ADOPTED BY THE FOLLOWING VOTE: ``- AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE ( DISCUSSION HELD IN REGARD TO PENALITIES TO BE USED , IT WAS AGREED TO GO ALONG WITH WR AT WAS PRESENTED IN THE ORIGINAL DRAFT=TOWN COUNSEL, I THINK WE HAVE A WORKABLE AND LEGALLY DEFENSIBLE ORDINANCE AS IT STANDS RIGHT NOW) COMMUNICATIONS LTR. DEPARTMENT OF TRANSPORTATION-NOTICE OF ORDER- AMENDS 1252 . 10( B ) ( 1 ) TO INCLUDE FOUR OTHER ROADS : BURKE DRIVE , BURKE CIRCKE , MIDNIGHT DRIVE AND POPLAR LANE ON FILE LTR. COLONIAL CABLEVISION INC. LISTING CURRENT CHANGES IN CHANNELS ON FILE REPORTS � - THE FOLLOWING REPORTS WERE PLACED ON FILE - TOWN CLERK MONTH OF MARCH 1983 BUILOING AND ZONING MONTH OF MARCH 1983 OPEN FORUM 9 : 34 P. M. MR. CHARLES ADAMSON-MEMBER OF A GROUP REPRESENTING THE NORTH QUEENSBURY SEWER COMMITTEE , OUR PRESIDENT PAUL HILLMAN SENDS HIS REGRETS HE IS OUT OF TOWN , OUT OF TOWN ALSO IS OUR ATTORNEY BOI5 STEWART. . . INTRODUCED MR. LYLE MORTON , MR. 6MRS. SALVATORE AND HAROLD SMITH. . . THANKED MRS . WALTER FOR HER QUICK RESPONSE TO A LETTER OF LAST WEEK. . . ( GOAL OF ESTABLISHING A NO. QUEENSBURY SEWER DISTRICT) ASKED IF THE BOARD NEEDS ANY MORE INFORMATION FROM THE GROUP. . REQUESTED FROM THE TOWN AN OUTLINE OF WHAT STEPS WILL BE TAKEN IN ESTABLISHING THE PROPOSED DISTRICT . . . WE ARE CONVINCED THAT THE EASTERN SHORE OF LAKE GEBRGE NEEDS A SEWER SYSTEM. COUNCILMAN EISENHART- DO YOU HAVE ANY IDEA HOW MANY WOULD BE OPPOSED TO AN IDEA SUCH AS THIS? MR. ADAMSON- A CLEAR MAJORITY WOULD BE IN FAVOR OF THE SYSTEM. . .NOTED IT WAS BEING MADE CLEAR THAT WHAT WE ARE PROPOSTN G WOULD NOT BE INEXPENSIVE. , �- SPOKE ON THE EXPENSE A NEW SYSTEM WOULD COST UNDER THE NEW SEWER ORDINANCE. . , ASKED WHAT THE FIRST STEP WOULD BE. . . COUNCILMAN OLSON- THE FIRST STEP HAS ALREADY BEEN MADE , YOU HAVE MADE THE REQUEST TO THE TOWN BOARD. . . MR. ADAMSON- THE FIRST STEP WOULD BE TO UP-DATE THE EXISTING INFORMATION? SUPERVISOR WALTER-YOU HAVE TO UPDATE BUT YOU ALSO u BECAUSE OF WHAT HAS BEEN DONE WAS SPECIFICALLY WITH A DIRECTION IN MIND THAT MAY CHANGE , SO YOU ARE UPDATING AND ADDING TO AND YOU NEED AN ENGINEER TO DO THAT. . .WE WANT THE ENGINEERS TO UTILIZE THE INFORMATION THAT WE HAVE AVAILABLE. . . MR. ADAMSON-THE 1973 RIST FROST STUDY DOES SUGGEST THE KIND OF THING THAT WE ARE LOOKING FOR-I UNDERSTAND THAT UPDATING A STUDY LIKE THAT IS A NON-TIME CONSUMING PROBLEM AND INEXPENSIVE. . . 138 COUNCILMAN OLSON-THAT IS THE FIRST STEP AND A LARGE HURDLE TO GET OVER TO GET AN IDEA WHAT THE PROJECT LOOKS LIKE AND WHAT IT WOULD COST AND HOW TO MAKE IT OPERATE AND YOU HAVE TO HAVE THAT BEFORE YOU CAN GO TO DIFFERENT AGENCIES TO FIND FUNDING BEFORE YOU CAN COME UP WITH A TAX RATE TO FIND OUT WHETHER IT WILL PASS A REFERENDUM. MR. ADMASQN;i- THANKED THE BOARD FOR THEIR TIME. RESOLUTION TO APPROVE AUDIT OF BILLS RFSaLUT_ rnN NO_6, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED, THAT AUDIT OF BILLS AS LISTED ON_ ABSTRACT NO. 83=4A AND NUMBERED 460-623 AND TOTALING $106 , 548. 96 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES - NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. I RESPECTFULLY , DONALD A. CHASE , TOWN CLERK RESOLUTION GRANTING VARIANCE AND AUTHORIZING EXTENSION OF TIME FOR REMOVAL OF UNDERGROUND FUEL TANKS OWNED BY DANIEL C . OLSON AND LOCATED IN SOUTH QUEENSBURY RESOLUTION NO. 56, Introduced by Dr . Charles Eisenhart who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS, pursuant to the terms of the Town of Queensbury fire prevention --J-- code, underground fuel storage tanks must be physically removed from vacant and/or nonoperating service stations within one year from the date such properties cease to function as service stations , and WHEREAS, Daniel C . Olson has requested from the Town Board an extension of time for the removal of underground fuel tanks located upon property in South Queensbury owned by said Daniel C . Olson, and WHEREAS, the Town Board has found good cause to grant the extension requested be it , RESOLVED, that the extension of time for removal of underground fuel tanks on property in South Queensbury owned by Daniel C . Olson is hereby granted until the 8th day of March, 1984 upon the condition that the said Daniel C . Olson comply with all lawful orders of the officials duly appointed to supervise and enforce the Town of Queensbury fire prevention code . Duly adopted by the following vote : � I Ayes : Dr . Eisenhart , Mr . Morrell, Mrs . Monahan, Mrs . Walter Noes None Abstain: Mr . Olson �i 139 RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE TO REPEAL ORDINANCES NUMBER 16 and 35 RESOLUTION N0. 84, Introduced by Dr . Charles Eisenhart who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS, the Town Board has enacted a local law for 1983 which provides for the regulation of transient merchants and solicitors within the Town of Queensbury, and WHEREAS, the said Local Law is designed to supercede and control the regulations currently contained in Ordiances No . 16 and rendering Ordinances No . 16 and 35 unnecessary and confusinghandby WHEREAS, a proposed Ordinance to repeal Ordinances 16 and 25, a co of which is hereto annexed, has been copy tion by the Town Board by the Townof prepared and presented for considera- tion and WHEREAS, the proposed Ordinance is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of an Ordinance to repeal Ordinances No . 16 and 35, and that said public hearing be held at 7 : 30 P.M. in the Meeting Room of the Townof Office Building, Bay & Haviland Roads, in the Town of Queensbury County, New York on April 26, 1983 at which all Queensbury, Warren subject matter thereof will be heard, and it is further Interested in the RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote : Ayes : Mr. Olson, Dr . Eisenhart, Mr . Morrell, Mrs . Monahan, Mrs . Walter Noes : None Absent : None RESOLUTION AUTHORIZING SUPER'S 9R TO EXECUTE TRANSPORTATION AGREEMENT AND"ADDENDUMITB ::TRANSPORTATION AGREEMENT RESOLUTION NO. 83 , INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : WHEREAS , THE CITY OF GLENS FALLS HAS RECENTLY SUBMITTED TO THE TOWN BOARD OF THE TOWN OF QUEENSBURY , FOR ITS CONSIDERATION , A TRANSPORTATION AGREEMENT WHICH PROVIDES FOR THE DELIVERY OF REGULAR , PUBLIC SERVICE TRANSPORTATION T09 THROUGH , AND AMONG THE CORPORATE LIMITS AND LOCATIONS OF THE TOWN OF QUEENSBURY , CITY OF GLENS FALLS AND FIVE ADJACENT MUNICIPAL- ITIES , AND i WHEREAS, THE TRANSPORTATION AGREEMENT IS FOR A PERIOD OF TWO ( 2 ) YEARS AND PROVIDES FOR THE PAYMENT BY THE TOWN OF QUEENSBURY OF INITIAL CAPITAL EXPENSES IN THE SUM OF $149393. 00 PAYABLE WITHIN THIRTY ( 30 ) DAYS AFTER THE DATE FOUR ( 4 ) THOMAS 32 PASSENGER TRANSIT BUSES ARE DELIVERED TO THE CITY AND THE ADDITIONAL PAYMENT OF $ 16 ,704 . 00 TOWARD ANTICIPATION OPERATION AND MAINTENANCE GENERAL EXPENSES FOR THE FIRST YEAR OF OPERATION AND THE PAYMENT OF 29 . 9% OF THE FUTURE.. OPERATIONAL AND MAINTENANCE GENERAL EXPENSES OF THE SAID TRANSIT SYSTEM, AND WHEREAS , THE TOWN NEGOTIATED AN ADDENDUM TO THE SAID TRANSPORTATION ^`— AGREEMENT FURTHER CLARIFYING AND SPECIFYING THE TOWN 'S RIGHTS AND OBLIGATIONS UNDER THE SAID TRANSPORTATION AGREEMENT , WHICH ADDENDUM PROVIDES FOR THE CREATION OF A CITY-nUEENSBURY TRANSPORTATION COMMITTEE , THE SPECIFIC LIMITATION ON TOWN OF QUEENSBURY FUTURE EXPENDITURES UNDER THE SAID TRANS- PORTATION AGREEMENT , AND THE CLARIFICATION OF THE FISCAL YEAR AND OTHER ACCOUNTING PROCEDURES TO BE ADOPTED BY THE TRANSIT SYSTEM, AND WHEREAS , THE TRANSPORTATION AGREEMENT AS AMENDED ESTABLISHES PUBLIC SERVICE TRANSPORTATION THROUGH THE TOWN OF QUEENSBURY AND WHICH PUBLIC SERVICE TRANSPORTATION WILL BE BENEFICIAL TO THE PEOPLE OF THE TOWN OF QUEENSBURY , NOW , THEREFORE BE IT RESOLVED , THAT-:THE SUPERVISOR OF THE TOWN OF QUEENSBURY IS HER=BY 140 AUTHORIZED TO EXECUTE THE AFORESAID TRANSPORTATION AGREEMENTS AND ADDENDUM TO TRANSPORTATION AGREEMENT AND TO ISSUE THE APPROPRITE CHECKS FOR THE TOWN OF QUEENSBURY ' S INITIAL CAPITAL EXPENSE AND INITIAL OPERATION AND MAINTENANCE GENERAL EXPENSE PAYMENT , AND TO AND PROVISIONSEOFNYTHHEHTRANSPORTATIONEAGREEMENTOANDFTHEU TERMS ADDENDUM THERETO. AND DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER I NOES : NONE I ABSENT : NONE TOWN BOARD MEETING APRIL 26 , 1983 MEMBERS PRESENT MR. DANIEL OLSON-DEPUTY SUPERVISOR DR . CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN MR. WILSON MATHIAS-TOWN COUNSEL ABSENT MRS. FRANCES WALTER-SUPERVISOR PLEDGE OF ALLEGIANCE LED BY DEPUTY SUPERVISOR DANIEL OLSON MEETING OPENED 7 :36P . M. I ` PRESS : WBZA, G. F. POST STAR TOWN OFFICIALS : MR. PAUL NAYUOR, MR. RALPH VANDUSEN , MR. MACK DEAN GUESTS : MR. FISCHER , MR. STEWART , MR. TURNBULL , MR. WHALEN , MR. LAMORA PUBLIC HEARING-AMEND ORDINANCE NUMBER 34 ' ' ORDINANCE REGULATING SPEED OF MECHANICALLY PROPELLED VESSELS IN THE AREAS OF SANDY BAY , WARNER BAY, ASSEMBLY POINT AND HARRIS BAY' ' AMEND AS FOLLOWS : SECTION 1 ( B ) ( 1 ) UNNAMED -CMVe UPON WHICH FISCHERS MARINA IS SITUATED. BOUNDED NORTHERLY BY THE LANDS NOW OR FORMERLY OF BRUCE AND RUTH SMITH DESIGNATED AS SECTION 152 BLOCK 1 LOT 8 ON THE WARREN COUNTY TAX MAP , BOUNDED ON THE SOUTH BY A POINT OF LAND NOW OR FORMERLY OWNED BY DAVID VROOMAN AND DESIGNATED AS SECTION 18 BLOCK 1 LOT 15 ON THE WARREN COUNTY TAX MAP OF. 'THE TOWN OF QUEENSBURY , BOUNDED ON THE EAST BY LANDS BORDERING ALONG THE SHORES OF LAKE GEORGE , AND BOUNDED ON THE WEST BY A LINE APPROXIMATELY 900 FEET RUNNING FROM THE LANDS OF VROOMAN AS AFORESAID TO THE LANDS OF SMITH AS AFORESAID. NOTICE SHOWN-PUBLIC HEARING OPENED 7 : 36 P. M. DEPUTY SUPERVISOR OLSON- ASKED FOR PUBLIC COMMENTS . . . MR. FISCHER- OWNER AND OPERATOR OF FISCHERS MARINA , I HAVE BEEN TRYING FOR FIVE YEARS TO GET FIVEAMILE BUOY . . SPOKE ON THE INCIDENTs�' OF ACCIDENTS CAUSED BY HIGH RATES OF SPEEDS IN THE COVE AREA. . . DAMAGING DOCKS AND BOATS . . . I AM IN FAVOR OF THIS AMENDMENT . . . COUNCILMAN EISENHART- NOTED THAT THIS ORDINANCE HAS BEEN AMENDED BEFORE . . . DEPUTY SUPERVISOR OLSON ASKED FOR FURTHER INPUT , HEARING NONE THE PUBLIC HEARING WAS CLOSED. . . 7 : 41. P. M. PUBLIC HEARING-TO R€PEAL ORDINANCES NO . 16 ' ' AN ORDINANCE TO REGULATE AND LICENSE HAWKING , PEDDLING AND VENDING OF GOODS ' ' No. 35 ' ' AN ORDINANCE TO REGULATE TRANSIENT OR ITINERANT MERCHANTS IN THE TOWN OF QUEENSBURY' ' NOTICE SHOWN 7 : 41 P. M. i